Common use of Certain Actions Prior to Termination Clause in Contracts

Certain Actions Prior to Termination. DMC shall provide to Measurex the notice required by Section 4.2 prior to any termination of this Agreement pursuant to Section 7.1(e)(ii) advising Measurex that the Board of Directors of DMC has received a Superior Proposal. At any time after the fourth business day following such notice, DMC may terminate this Agreement as provided in Section 7.1(e)(ii) only if the Board of Directors of DMC determines that such Superior Proposal remains more favorable to its stockholders than the transactions contemplated by this Agreement (which determination shall be made in light of any revised proposal made by Measurex prior to the expiration of such four-business day period).

Certain Actions Prior to Termination. DMC shall provide to ------------------------------------ Measurex the notice required by Section 4.2 prior to any termination of this Agreement pursuant to Section 7.1(e)(ii) advising Measurex that the Board of Directors of DMC has received a Superior Proposal. At any time after the fourth business day following such notice, DMC may terminate this Agreement as provided in Section 7.1(e)(ii) only if the Board of Directors of DMC determines that such Superior Proposal remains more favorable to its stockholders than the transactions contemplated by this Agreement (which determination shall be made in light of any revised proposal made by Measurex prior to the expiration of such four-business day period).